United States Ninth Circuit

In a capital habeas matter, a denial of the petition is affirmed in part where defense counsel's performance did not prejudice petitioner during the guilt phase of his trial. However, denial of the petition is reversed in part where trial counsel rendered ineffective assistance during the penalty phase of trial by failing to investigate and present readily available mitigating evidence and that failure was prejudicial.

Appellate Information

• Decided 03/11/2010
• Published 03/11/2010

Judges

Court

• United States Ninth Circuit

Counsel